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2016 Supreme(Del) 2695

S.RAVINDRA BHAT, DEEPA SHARMA
RAJESH KHANNA – Appellant
Versus
NATIONAL AGRICULTURAL CO-OPERATIVE MARKETING FEDERATION OF INDIA LIMITED – Respondent


Advocates Appeared:
For the Appellant :Mr. Divyanshu Goyal with Ms. Swati Jain, Advocates.
For the Respondent:Mr. A.K. Thakur, Mr. R.K. Mishra and Ms. Rajeshwari Jha, Advocates.

JUDGMENT :

DEEPA SHARMA, J.

1. The appellants challenge the order of a learned Single Judge dated 04.12.2009 (impugned order) which rejected their objections under Section 34 of Arbitration and Conciliation Act (OMP No. 693/2009 and OMP No. 694/2009) to the award dated 24.04.2009.

2. The brief facts of the case are that the appellants and National Agricultural Co-operative Marketing Federation of India Ltd. (NAFED), (a Cooperative Society duly registered under the Multiple State Cooperative Societies Act) entered into agreements (hereafter “MOUs”) pursuant to which Rs. 75 crores were advanced by the NAFED to M/s Rital Impex and Rs. 10 crores, to M/s Kripa Overseas. Certain Disputes arose between the parties under both the MOU’s.

3. NAFED filed an application under Section 9 (OMP No. 291/2006) and by order dated 06.07.2006 immovable properties were attached. When NAFED appointed the arbitrator under the MOU, M/s Rital Impex filed an application, (AA No. 271/2006, under Section 11) in the court for appointment of an Arbitrator. In those proceedings, Justice Devender Gupta, a retired Judge of this Court, was appointed as an Arbitrator to adjudicate upon the dispute between the parties. NA








































































































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